UNITED STATES v. FAY


214 F.Supp. 360 (1963)

UNITED STATES of America ex rel. Jacob WISSENFELD, Relator, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

January 30, 1963.


Attorney(s) appearing for the Case

Jacob Wissenfeld, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, Vincent A. Marsicano, Asst. Atty. Gen., of counsel, for respondent.


WEINFELD, District Judge.

Relator is currently serving a sentence of thirteen and one-half years to twenty years at Green Haven Prison, New York State, as a third felony offender upon his plea of guilty to a charge of burglary in the third degree. He seeks a writ of habeas corpus,1 upon the granting of which he requests that he be returned to the New York State Court for resentencing as a second felony offender. Petitioner challenges one...

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